Unable to find victim, prosecutors drop charges in Spanaway drive-by shooting

Pierce County prosecutors have dropped charges against a man accused in the shooting of his mother’s boyfriend, because they haven’t been able to find the victim.

Russell Odell Terry II, 27, was charged with first-degree assault and drive-by shooting after the incident July 6.

Both charges were dismissed Friday, according to court records, because prosecutors couldn’t go forward with the case without the victim’s testimony.

According to charging papers:

The boyfriend broke up with Terry’s mother after they returned from a trip to California, and he slapped her several times.

Later, Terry pulled up outside the boyfriend’s Spanaway apartment in his mother’s car. The boyfriend came outside and a man in the passenger seat opened fire.

Police later found 16 shell casings

The boyfriend was hit in the toe and taken to the hospital, where he told workers he planned to go to Louisiana.

“The assigned detective from the Pierce County Sheriff’s Department has made multiple attempts to contact and locate the victim in this case without success,” the order of dismissal stated.

“Without his testimony, the state cannot proceed with this case.”

This story was originally published March 7, 2016 at 3:30 PM with the headline "Unable to find victim, prosecutors drop charges in Spanaway drive-by shooting."